New South Wales Consolidated Acts

DEFAMATION ACT 2005 - SECT 12A

12A Concerns notices

(1) For the purpose of this Act, a notice is a
"concerns notice" if--

(a) the notice--

(i) is in writing, and

(ii) specifies the location where the matter in question can be accessed (for example, a webpage address), and

(iii) informs the publisher of the defamatory imputations that the aggrieved person considers are or may be carried about the aggrieved person by the matter in question (the
"imputations of concern" ), and

(iv) informs the publisher of the harm that the person considers to be serious harm to the person's reputation caused, or likely to be caused, by the publication of the matter in question, and

(v) for an aggrieved person that is an excluded corporation--also informs the publisher of the financial loss that the corporation considers to be serious financial loss caused, or likely to be caused, by the publication of the matter in question, and

(b) a copy of the matter in question is, if practicable, provided to the publisher together with the notice.

Note--: Section 12B requires a concerns notice to be given before proceedings for defamation can be commenced.

(2) For the avoidance of doubt, a document that is required to be filed or lodged to commence defamation proceedings cannot be used as a concerns notice.

(3) If a concerns notice fails to particularise adequately any of the information required by subsection (1)(a)(ii), (iii), (iv) or (v), the publisher may give the aggrieved person a written notice (a
"further particulars notice" ) requesting that the aggrieved person provide reasonable further particulars as specified in the further particulars notice about the information concerned.

(4) An aggrieved person to whom a further particulars notice is given must provide the reasonable further particulars specified in the notice within 14 days (or any further period agreed by the publisher and aggrieved person) after being given the notice.

(5) An aggrieved person who fails to provide the reasonable further particulars specified in a further particulars notice within the applicable period is taken not to have given the publisher a concerns notice for the purposes of this section.